DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The specification does not disclose a minimum diameter at a connection location.
The claims include a first configuration and a second configuration. The first and second configuration disclosed in the specification are opposite of the first and second configuration of the claims. It is recommended that either the claims or specification are amended to have the claims and specification align.
Claim Rejections - 35 USC § 102, 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deneke (US 5,463,189).
Regarding claim 14, Deneke discloses an assembly for use with a non-circular structural element having a minimum diameter at a connection location, the assembly comprising: a U-shaped clamp body (Fig. 3) comprising a first end (50), a second end (52), a first flexible portion (26) and a non-flexible portion (see 1st annotated Fig. below), wherein said U-shaped clamp body defines a central opening (42) that comprises a convex portion and a concave portion (see 2nd annotated Fig. below) that each extend partially around said central opening, wherein said non-flexible portion defines said convex portion of said central opening, and wherein said central opening conforms in part to a shape of the non-circular structural element; wherein said U-shaped clamp body defines a lateral opening (62) between said first and second ends and wherein said first flexible portion permits said first and second ends to flex between a first configuration and a second configuration, wherein, when said first and second ends are in said first configuration (dotted lines in Fig. 3), said lateral opening is larger than the minimum diameter at the connection location, and wherein, when said first and second ends are in said second configuration (solid lines in Fig. 3), the distance between said first end and said second end is smaller than the minimum diameter at the connection location.
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1st Annotated Fig. of Deneke 2nd Annotated Fig. of Deneke
Regarding claim 20, Denke discloses a kit for use with a non-circular structural element, the kit comprising: the assembly of claim 14; an attachment configured to couple to said U-shaped clamp body (Fig. 3).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Deneke (US 5,463,189).
Regarding claim 18, Denke as modified discloses the assembly of claim 14. While Denke discloses that the material of the assembly is preferably acetal plastic, Deneke also discloses that metal is a known material. It would have been obvious to one of ordinary skill in the art to make the assembly from a metallic material.
Claims 1-6, 9, 11, 12, 15-17 and 19 and Zyxa are rejected under 35 U.S.C. 103 as being unpatentable over Deneke (US 5,463,189) in view of Shillington (US 5,230,496).
Regarding claims 1 and 15, Deneke discloses an assembly (Fig. 3) for use with non-circular structural element (Fig. 1) having a minimum diameter at a connection location, the assembly comprising: a U-shaped clamp body (Fig. 3) comprising a first end (50) and a second end (52), wherein said U-shaped clamp body defines a central opening (42) that comprises a convex portion (see annotated drawing below) and a concave portion (see annotated drawing below) that each extend partially around said central opening, wherein said central opening conforms in part to a shape of the non-circular structural element, wherein said U-shaped clamp body defines a lateral opening (62) between said first and second ends and wherein, when said first and second ends are in a first configuration (dotted lines of Fig. 3), a distance between said first and second ends is larger than the minimum diameter at the connection location.
Deneke does not disclose a fastener that selectively extends between said first and second ends of said clamp body across said lateral opening, wherein said fastener is configured to vary the distance between said first end and said second end, wherein, when said fastener extends between said first and second ends of said clamp body across said lateral opening and when said first and second ends are in a second configuration, the distance between said first end and said second end is smaller than the minimum diameter at the connection location.
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Shillington discloses an assembly having a U-shaped clamp member (Fig. 1) with a first end (32) and a second end (34) with a fastener (22,24) that selectively extends between said first and second ends of said clamp body across said lateral opening, wherein said fastener is configured to vary the distance between said first end and said second end (Fig. 1 vs. Fig. 3), wherein, when said fastener extends between said first and second ends of said clamp body across said lateral opening and when said first and second ends are in a second configuration, the distance between said first end and said second end is smaller than the minimum diameter at the connection location.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to include a fastener between the first end and the second end.
The motivation would have been to ensure that the clamped item is securely held by the clamp assembly.
Regarding claim 2, Deneke as modified discloses the assembly of claim 1. Deneke further discloses that said clamp body comprises a first flexible portion (26) that permits said first and second ends to flex between said first configuration and said second configuration.
Regarding claim 3, Deneke as modified discloses the assembly of claim 2. Deneke further discloses that said clamp body further comprises a second flexible portion (28) and a non-flexible portion positioned between said first and second flexible portions.
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Regarding claim 4, Deneke as modified discloses the assembly of claim 3. Deneke further discloses that said non-flexible portion of said clamp body defines said convex portion of said central opening (see above).
Regarding claims 5 and 19, Deneke as modified discloses the assembly of claims 4 and 14. Deneke further discloses that said first flexible portion and said second flexible portion define a flexible portion thickness, and wherein said non-flexible portion defines a non-flexible portion thickness that is greater than said flexible portion thickness (Fig. 3).
Regarding claims 6 and 16, Deneke as modified discloses the assembly of claims 1 and 14. Shillington further discloses a spacer (Fig. 3) configured to be positioned between said first end and said second end, and wherein said spacer is configured to limit a minimum distance of said lateral opening between said first end and said second end.
Regarding claim 9 Deneke as modified discloses the assembly of claim 1. Deneke further discloses that said clamp body comprises a mount portion (23) that is configured to couple an attachment to said assembly, and wherein said mount portion defines a mounting hole.
Regarding claims 11 and 17, Denke as modified discloses the assembly of claim 1. Denke further discloses that said clamp body is unitarily formed as a single piece (Fig. 3).
Regarding claim 12, Denke as modified discloses a kit for use with a non-circular structural element, the kit comprising: the assembly of claim 1; an attachment configured to couple to said U-shaped clamp body (Fig. 3).
Claims 1, 7-10, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Deneke (US 5,463,189) in view of Mauro (US 8,087,711).
Regarding claims 1, Deneke discloses an assembly (Fig. 3) for use with non-circular structural element (Fig. 1) having a minimum diameter at a connection location, the assembly comprising: a U-shaped clamp body (Fig. 3) comprising a first end (50) and a second end (52), wherein said U-shaped clamp body defines a central opening (42) that comprises a convex portion (see annotated drawing below) and a concave portion (see annotated drawing below) that each extend partially around said central opening, wherein said central opening conforms in part to a shape of the non-circular structural element, wherein said U-shaped clamp body defines a lateral opening (62) between said first and second ends and wherein, when said first and second ends are in a first configuration (dotted lines of Fig. 3), a distance between said first and second ends is larger than the minimum diameter at the connection location.
Deneke does not disclose a fastener that selectively extends between said first and second ends of said clamp body across said lateral opening, wherein said fastener is configured to vary the distance between said first end and said second end, wherein, when said fastener extends between said first and second ends of said clamp body across said lateral opening and when said first and second ends are in a second configuration, the distance between said first end and said second end is smaller than the minimum diameter at the connection location.
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Mauro discloses an assembly having a U-shaped clamp member (Fig. 3) with a first end and a second end with a fastener (130) that selectively extends between said first and second ends of said clamp body across said lateral opening.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to include a fastener between the first end and the second end.
The motivation would have been to ensure that the clamped item is securely held by the clamp assembly.
Regarding claim 7, Denke as modified discloses the assembly of claim 1. Mauro further discloses that said first end and said second end define fastener openings (Fig. 5), and wherein said fastener is configured to attach to said first and second ends through said fastener openings.
Regarding claim 8, Deneke as modified discloses the assembly of claim 7. Mauro further discloses that said fastener comprises a threaded end, wherein said fastener opening on said second end is threaded, and wherein said threaded end of said fastener is configured to cooperate with said fastener opening on said second end (Fig. 3).
Regarding claim 9 Deneke as modified discloses the assembly of claim 1. Mauro further discloses that said clamp body comprises a mount portion (144,146) that is configured to couple an attachment to said assembly, and wherein said mount portion defines a mounting hole (Fig. 5).
Regarding claim 10, Deneke as modified discloses the assembly of claim 9. Mauro further discloses that said mount portion defines a second mounting hole (150), and wherein said second mounting hole is oriented in a direction transverse to said first mounting hole (Fig. 5, Fig. 8).
Regarding claim 12, Deneke as modified discloses a kit for use with a non-circular structural element, the kit comprising: the assembly of claim 1; an attachment configured to couple to said U-shaped clamp body.
Regarding claim 13, Deneke as modified discloses the kit of claim 12. Mauro further discloses that the attachment is a windshield (Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PATRICIA L ENGLE/
Primary Examiner
Art Unit 3991